Last week, an ICE agent in Minneapolis fatally shot Renee Good, a U.S. citizen and mother of three. Ms. Good was in her vehicle protesting an ICE enforcement action in her city. Most people who have seen the various videos (including me) view the killing as completely unjustified or–at a minimum–believe that the incident requires a fair investigation to determine exactly what happened. Unfortunately, that did not stop President Trump and his team from quickly labeling Ms. Good a domestic terrorist and professional agitator, who the ICE agent shot in self defense.
The killing and the Administration’s callous response have sparked mass protests in Minnesota and throughout the United States.
It’s difficult to know what to say about this terrible shooting and the subsequent attacks on Ms. Good, but for me, the incident fits a familiar pattern. The Trump Administration lies about anyone it does not like, and then uses those lies to justify harming that person. The difference here is that the harm came first and the lies came afterward. Also, the video evidence allows us to see for ourselves how the Administration is mischaracterizing events.
As an immigration lawyer, I’ve seen a similar pattern play out time and again with my clients. Mr. Trump and his allies demonize non-citizens with lies and half-truths, and then create policies based on those lies that harm the non-citizens, their families, and their communities. The Administration employs these lies strategically and tactically.
Strategically, the Trump Administration has described migrants as criminals, terrorists, and welfare cheats. “They” are accused of trying to replace “us.” Foreigners are invading our country, threatening our safety, and undermining our culture and values. These accusations bear little resemblance to reality and are not supported by credible evidence. Nevertheless, like the blood libels of old, these lies serve as justification for policies that harm vulnerable people. The language used by the Administration paints a picture of our country in an existential struggle, where ICE agents have a “sacred duty” to “protect the homeland” by repelling “foreign invaders.” It is the language of war.
Contrast this with what lawyers like me see every day: family members crying about a loved one’s detention, children who are traumatized and confused when a parent is snatched away, people who have lost a breadwinner and have no other means of support, students afraid to go to school. Of the cases I’ve seen, it’s rare to hear about a detained migrant with a criminal record, and if there is a conviction, it’s often for something minor and long ago; the type of crime that would have been expunged and forgotten if the person were a U.S. citizen. My anecdotal experience aligns with the data, which shows that 73% of people detained by ICE have no criminal convictions, and only 5% have violent convictions (people with serious convictions have been arrested and deported under every Administration).
The Trump Administration is also lying for tactical purposes. They are denying asylum based on safe third country agreements when they know that the third countries are not actually safe and will not accept many of our deportees anyway. The State Department has white washed its human rights reports to make it appear that dangerous countries are safe, making it more difficult for asylum seekers to demonstrate a fear of persecution. And (among other things) USCIS has restricted work permits and blocked people from status in the U.S. based on supposed security concerns, though the agency has not explained how these restrictions will improve security.
The torrent of lies from the Administration has been used again and again to justify terrible harm to asylum seekers and other non-citizens. And it is sadly unsurprising that Administration officials would deploy more lies to absolve ICE in the killing of Renee Good.
* * * * *
Ms. Good’s death coincided with the time in the Jewish liturgical cycle when we started reading the Book of Exodus. The story begins with the king of Egypt angry that the Hebrews in his domain have become too numerous. He orders the midwives to examine each new baby: “if it is a boy, kill him; if it is a girl, let her live.” The midwives feared G-d and did not do as the king ordered. They let the boys live. When the king inquired why they defied him, the midwives said that the Hebrew mothers were “vigorous” and gave birth before the midwives arrived. This sounds like a flimsy excuse, but it gave the midwives some cover and helped them avoid the king’s wrath.
The import of the story is that all of us have a role to play in bending the arc of history towards Justice. Like the midwives, Renee Good stood up against a powerful regime and did her part to protect her neighbors. Unlike the midwives, Ms. Good was killed for having the temerity to question the powers-that-be.
In the Jewish tradition, when someone dies, we pray that their memory will be a blessing. I pray that Renee Good’s memory will be a blessing for our nation, and that her tragic end will galvanize us to work for a better future, where the lies, violence, and cruelty of our government officials are replaced with truth, compassion, and basic human decency.
Hi Jason,
Thanks for all you do for many years! I’ve been a fan since 2018.
I used to have a pending asylum case; however got my green card via EB2. I’ve travelled out and back once without any problem to a country other than my country of birth. Now I am thinking of going to my country after 9 years in the USA, one of the partially restricted, just to see 80yr-old my grandmother, however I unsual how to do about it. Do I need to apply for parole? Or just avoid the trip. I have my Global Entry card. well.
Thanks in advance.
If you have the green card, hopefully you already withdrew the asylum case. If not, you should do that (I wrote about withdrawing a case on December 7, 2022). Withdrawing the case does not erase the fact that you had a case, and so if you return to your country, it could raise questions about whether your original asylum case was fake. You should be able to explain why you went back and how you stayed safe while you were there. This is usually easier to explain if you fear non-state actors (such as terrorists) rather than the home government, but it depends on the specifics of the situation. I wrote more about returning to your home country on January 6, 2016 and maybe that would help. Take care, Jason
Thanks for your response. The case was actually canceled by USCIS a month after the green card was issued. Thanks for your response.
Hi. Just wondering how were you able to get through EB-2 with pending asylum? Did you have any other status besides pending asylum?
Also, did you use your passport or RTD at the interview for global entry?
Hi Jason, I hope you are well. I am writing on behalf of a family member who was recently detained by ICE despite having a pending asylum case with USCIS. He entered the U.S. lawfully after inspection with a valid visa and was released on the lowest bond after an immigration judge determined he is not a flight risk. He has no criminal or driving record, has paid his taxes, and has complied with all requirements. Upon release, ICE withheld his CDL, Social Security card, and EAD, and officers stated they do not know where the documents are. He has already attended his first ICE check-in, but the documents were not returned and they stated he can travel only to 3 surrounding states. Could you please clarify whether withholding these documents after bond release is standard and how they can be retrieved, whether the ankle monitor can be removed prior to the individual hearing given full compliance. Thank you for your time!
Hi Jason,
Thanks for all great work you do. I have a quick question. Do you know if the USCIS is still scheduling/interviewing N400 applicants from the 19 ban countries.
Thank you.
They are scheduling interviews, and they can complete the entire case. However, the final decision/swearing-in is on hold. Until the hold ends, people from the “banned” countries cannot get citizenship. Unfortunately, we do not know when that will be. Hopefully, not too long, as I think there may be some lawsuits to try to end the hold. We shall see. Take care, Jason
Unfortunately, ICE has a lot of power to restrict people and put them in ankle bracelets, and I know there has been an issue recently with non-citizens and CDLs. He can ask ICE to make the conditions of his stay less burdensome, and once in a while, they agree, but I think he cannot force ICE to do that. As for the license and other documents, I do not think ICE should hold those, but I am also not sure how to get them back, other than asking at the check-in or contacting them to ask. If he has a court hearing, you can also ask the DHS attorney (the prosecutor) who represents ICE and may have access to those documents. Hopefully, the person has a lawyer for the case and maybe the lawyer can ask about this also. Take care, Jason
Hi, can you please share what city he was detained? And how long did he remain in custody before bond?
When did he enter ? And when did he apply for asylum ? And where this all take place?
Hi Jason, I have a pending asylum (no other status), and currently planning to apply to university, their application form asks for ‘visa type’ – I’m not sure what to select as pending asylum is not one of the options, I don’t want to select wrong option and end up lying on a form, also don’t want to select ‘don’t have visa’ because it may seem as I’m undocumented(who knows these days where that data is being sent to). Anyone else here if you’ve been through the same experience – please share, thank you
It is annoying that they don’t have an asylum pending option, and so I think you need to make your best guess and then explain in more detail about your status (and that you are permitted to attend school using your work permit as proof of status). Take care, Jason
Thanks Jason for your blogs especially during these chaotic times.
My affirmative asylum has been referred to the immigration court and have individual hearing towards the end of this year. My question is- am I still considered being on pending asylum case? When I renew my driver’s license, should I provide my original receipt I received from USCIS along with the EAD card?
I know you mentioned that people with pending case without any criminal history and entered legally are not detained. However, with the current climate with what’s going on, if ever stopped by ICE, should I say I have a pending asylum case and show the copies of documents? Will that be enough?
Thanks
You still have a pending case; only it is in court and not at the asylum office. Your work permit should reflect that. It should be category c-8, which is asylum pending. For the license, you can show the work permit, asylum receipt, and pending immigration court case (the most recent order from the judge showing your final hearing date). If you are stopped by ICE, you can show proof that the case is pending. It should be enough, though these days nothing is certain. I will say that I do not know of an example where a person who entered legally and has a pending asylum case has been detained, so I think you should be relatively safe. Take care, Jason
Over the years, I wonder have you seen people who (you suspect) self inflicted injury and then seek care and included the harm in their asylum application as part of their past persecution ?
I have not seen that. Most of my cases involve future persecution and not past persecution. Take care, Jason
Thanks, and for those future harm cases.
Do you typically prove by POPOP or by individualized analysis ?
Hi Jason,
Thank you for your work!
How can someone pending affirmative, after visa overstay self-deport? In a legal way that won’t be detained at the border when trying to exit at the international terminal of the airport?
I have heard about a few instances where people who tried to leave were detained. I believe these occurred in Texas, but I am not sure. Also, I do not have details about the cases (for instance, maybe they had criminal issues or entered the US without a visa). For the most part, I think if people want to leave, they can simply leave. Supposedly, DHS has re-configured the CBP-One app to allow people to schedule an exit and maybe even get paid for leaving. I have not tried it for a client and have not heard any reports about how it works, but if you are worried about being detained upon exit, you might want to take a look at that app to see if it could be right for you. Otherwise, I think you can probably just leave normally. Once you leave, it is a good idea to withdraw the asylum application, as that should avoid any future deportation order (and a deport order will make it even more difficult to return to the US if you ever want to do that). I wrote about withdrawing on December 7, 2022. Take care, Jason
It always seems to be Texas…or Florida…
Hi Jason,
First of all, thank you for everything you do here. This blog is a lifeline for asylum seekers.
I entered the US lawfully on a B2 visa and filed an affirmative asylum application timely before my stay period ended. Right now my case is still pending with USCIS (almost 5 years now) and waiting for an interview and have no criminal record. I currently do not have an attorney. I had visited one of immigration attorney which was recommended by my friend but for some reason he advised me that he will only represent me once my interview date is scheduled with USCIS.
Few queries:
1) If encountered by ICE, what is the likelihood of immediate deportation ?
2) In the event of detention, will I be eligible for an Immigration bond ? Does my lawful entry and timely filing be helpful for eligibility for release ?
3) What happens if I don’t have an immigration attorney in the case if I am detained. My only immediate contact is my sister who is US citizen.
4) If detained, what are the processes which i have to go through, and how long will they detain before release?
Thank you so much again for what you do!!
Hello Jason, I am a green card holder from a granted asylum, I am a Syrian, I ve been holding my green card since 5 years, can I apply for a citizenship? Or the pause will affect me?
Assuming you meet the requirements, you can apply. USCIS will process the case up to the decision, but cannot issue the decision until the pause ends. We do not know how long the pause will last, but at this time, most lawyers – including me – think it is best to apply for citizenship rather than delay the application. The thinking is that the pause will eventually end (either through a decision by USCIS or a lawsuit), and so you might as well be in the queue to get your citizenship. Take care, Jason
If you want to hire a lawyer, it probably makes more sense to do that before the interview is scheduled. That way, you will have more time to prepare the case with the lawyer. Also, interviews are often scheduled on short notice, and so it can be more expensive to hire a lawyer once the interview is scheduled (assuming the lawyer even has availability to help at that point). In terms of the questions: 1 – I have not heard about affirmative asylum seekers who entered with a visa having and who have no criminal history being detained, and so I think it is unlikely you would be detained. But if you were detained, you could defend your case in court and try to avoid deportation. You cannot simply be detained and placed on a plane to another country. 2 – If you are detained, you could file for a bond with the Immigration Judge to get released. Since you entered lawfully, I think a habeas petition would not be needed to get a bond, but these days, you never know. 3 – Your sister could contact a lawyer to get started. You can also hire a habeas lawyer now to have them on “stand by” in case anything happens. I do not think this is needed in your situation, but if you wanted to be extra cautious, there is no harm in hiring a lawyer for this (aside from the fact that you have to pay the lawyer). 4 – In your case, I think you can get bond from the Immigration Judge. If the judge decides that the Immigration Court does not have the legal authority to issue a bond, you would need to file a habeas petition with a federal court, and ask that court to order the Immigration Judge to give you a bond hearing. Take care, Jason
Not asking for legal advice, but how can American citizens defend themselves during these ‘random’ checks? Americans are not required to carry proof of citizenship yet are still being (directly or indirectly) detained. Even worse, I now see videos of agents asking ‘where were you born?’ as opposed to ‘are you a citizen?’. Any answer that’s not
‘i was born here’ triggers further investigation and somehow making it so that the american now has to show ‘proof’ of citizenship. Repeating ‘I am a US citizen, am I being detained or am I free to go’ doesn’t seem to work anymore. It feels like a violation of our constitutional rights? The equation I see: Suspension/profiling -> ‘where were you born?’ -> ‘i am a us citizen, am i being detained or am I free to go?’ -> back and forth/possibly being taken away triggering fourth amendment violations
I think it is pretty clear that ICE agents are violating the law in many of these stops. For US citizens who do not have accents and who are white, it is unlikely the agents will inquire further. But for minorities or people who have accents, it is hard to know what the agents will do, as they seem to follow few rules. I think the easiest thing is to carry your passport or a copy of your passport, and if you have it, a copy of your naturalization certificate. Photos of these documents on your phone should be enough. While I think the fact that you need to carry such documents is a disgrace, having access to these documents could help minimize any problem with ICE. Take care, Jason
Hi Jason, thanks for all you do. I have a quick question based on one of your earlier comments.
I applied for asylum in Feb 2015 and interviewed may 2024 (Los Angeles) but haven’t received a decision yet. I understand all decisions are paused. My question is, is it possible that UCSIC could have reviewed and finalized my case during the hold, and could release the decision quickly after the hold is over? Or do they not make any progress until hold is over? Thanks
My understanding from talking to a couple asylum officers is that they complete the entire case and make the decision. However, they do not release the decision until he hold ends. And so, if and when the hold ends, it is possible that a number of decisions will be issued quickly. Of course, with this Administration, you never know, but that seems to be what the asylum officers themselves think will happen. Take care, Jason
Did you expedite your interview at Los Angeles asylum office? They are one of the most backlogs asylum offices. My case is still pending with them since 2016
Hi Jason,
I am derivative asylee who came in legally( waiting for GC) so, what should my options be when stoped by ice.
Thank you
Unless you have a criminal history or the principal applicant is being investigated for asylum fraud, you should be fine. You should show your ID and work permit (which presumably shows category a-5, asylum approved). Also keep a copy of the asylum approval letter in your email or on your phone, so you have that too. I do not know of an example where someone in your situation has been detained by ICE, except maybe if they have a criminal history. Take care, Jason
hi Jason,
Thank you for all your help! Asking for a friend. A friend came on a visit visa he is from the 19 banned countries. He did a visa extension which will end end of the month . He wants to apply for asylum, will that still work even though there is a pause? Do they issue work permit? Can ice catch him if he’s on a pending asylum?
Thanks
He can apply for asylum. If possible, he should file within one year of his arrival here, as filing late can block a person from asylum. I wrote about that on January 18, 2018. He should also know that asylum cases are moving quickly, and so he should make sure to prepare his case and be ready, as he will likely get an interview within a few months of filing (or sometimes, even a few weeks of filing). While the asylum offices are currently interviewing cases, they are not currently issuing decisions due to the hold. We do not know how long the hold will last, but that does not stop someone from applying; it only stops the Asylum Office from issuing the decision. Take care, Jason
Hi Jason,
Thank you for everything you do here. This blog is a lifeline for asylum seekers.
Unfortunately, various PD across the country helps ICE to do their job. And the “job” here is to meet a quota. I’ve seen 3+ videos how people with pending affirmative asylum were detained in 2026.
Most cases are in FL. And people were stops by local police w/o any kind of violation and 30 mins later ICE took them into custody.
If I have a pending asylum case with USCIS is there something which might help me to avoid arrest in case of an encounter with ICE? I know, nobody is safe now, but still.
Thank you!
I have not heard about those cases, and when I have heard about affirmative asylum seekers being detained, there were always other factors, such as a prior criminal history or deportation order, or they entered the US without a visa. I have not heard about a case where someone entered the US lawfully, filed for asylum, has no criminal history, and was then detained. There may be such cases, but I have not seen that yet. I think all you can do is carry your ID + proof of your pending status, such as the work permit and a copy of your asylum receipt. If you are very concerned about this, you can talk to a lawyer and have a lawyer on “stand by” if you need them to file a habeas petition for you, to protect you from being detained and moved to another state, and to try to get you released if you are detained. Take care, Jason
Hi Jason,
Is it safe to fly domestically for asylum seeker now? Case pending with CIS for 9+ yrs, entered legally, status expired, no criminal record, has real ID and EAD. How can we best protect ourselves at the airport if detained? Can we request to see federal judge for habeas corpus immediately?
I have not heard about affirmative asylum seekers who entered with a visa having trouble when flying domestically, and so I think it is safe. In addition to the normal ID needed to travel, I would also carry proof of the pending asylum case (EAD, copy of asylum receipt). If you are detained, you could file for a bond with the Immigration Judge to get released. Since you entered lawfully, I think a habeas would not be needed to get a bond, but these days, you never know. You can have a habeas lawyer on “stand by” in case anything happens (for example, this is a service our office offers). The main advantage of that is that the habeas can be filed quickly, which should prevent you (and your case) from being moved to another jurisdiction if you are detained. You would need to tell the habeas lawyer where you will be traveling, as they will need to be admitted to practice law in each state where you could possibly be detained (or have a local lawyer available who could assist with the case; unlike immigration law, habeas cases require the lawyer to be admitted to the local court where the habeas is filed). Take care, Jason
Hi Jason, Do you know if also refugee travel document issuance will be also paused for people from banned countries?
Thank you
According to the January 1, 2026 memo (www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0194-PendingApplicationsAdditionalHighRiskCountries-20260101.pdf), I-131 forms are not exempt from the pause, and so I think RTDs are affected. How long this pause will last, we do not know, and so hopefully, it will not be too long. Take care, Jason
Hi Jason , my girlfriend a Syrian and she has a green card. We are planning to go to Mexico. Is it safe to leave the United States? she gonna use her Syrian passport, do you think she will face any issues when she will come back? She is a green card holder with a Syrian passport thank you so much.
I have not heard about anyone in her situation having a problem, as long as she does not have a criminal history. If she got her GC based on asylum, she might be better traveling with a Refugee Travel Document, but it takes 1+ year to get that. I wrote about asylees traveling with their passport on May 25, 2022, and maybe that would be of interest if she was originally an asylee or refugee. Take care, Jason
Tnx for your respond , I really appreciate that
I was granted asylum by the Boston Immigration Court in April 2022. I filed Form I-485 in April 2023, and the application has been pending since then.
About 9 months ago, my Congressman contacted USCIS and was informed that my case was delayed due to background checks, with no timeline provided. During this time, I also submitted multiple online inquiries to USCIS and received only generic responses stating that my case was still under review.
On January 5, I submitted another online inquiry to USCIS. About 10 days later Jan/15/2026, USCIS responded confirming that my application is awaiting interview scheduling at the local field office, and that no further action is required from me at this time. No interview has been scheduled yet.
“ Thank you for contacting USCIS concerning the above-referenced application. Below is a summary of what we have found.
A review confirms your application is awaiting interview scheduling by your local USCIS field office. No further action is required from you at this time. Once an appointment is available, your interview will be scheduled, and an appointment notice will be mailed to your current address of record on file with USCIS.
”
In your opinion, based on current Boston field office timelines, when might the interview be scheduled?
I do not know, but you have been waiting quite a long time, and you may want to talk to a lawyer about a mandamus lawsuit to force USCIS to move the case along. Whether that will work depends on the location, as some areas are slower than others, but it might be worth a conversation with a lawyer. Also, as you probably know, there is a hold on decisions for many countries, and so if you are from one of those countries, USCIS can process the case and complete the work, but until the hold ends, they cannot issue the decision (and this seems to be the case even if you file a mandamus, but again, that would be a question for the mandamus lawyer). Take care, Jason
Hi Jason
What is going on right now. why is ice everywhere and why are people being arrested left right and center.
It is like there is no rule to follow anyone and everyone is in trouble no matter what status you hold.
Is this our future living here?
Is this going to be stopped.
Arresting wrong people and giving the communitry safe place is understand but why are they killing why they are arresting wrong people.
Why are kids being hurt, why are kids being kept in this situation without dads or mothers.
Do you know if this will end or it will continue life long?
I dont trust humanity at all. Going outside with ur kids have become such a fear.
I have no idea who are they are after.
After all we are all humans.
Please give us some hope if at all there is
I do not know. However, I do think we have a somewhat distorted picture of events and it is not easy to know exactly what is happening. There are something like 11+ million people in the US without status, and ICE has bed space to hold about 50,000 or 60,000, which is about half of 1% of all those people. And so while many people are being detained, and many more are living in fear, the likelihood of actually being detained is not actually that high. Also, people who entered with a visa and have a pending case are rarely detained (unless they have a criminal issue), so the very large majority of asylum seekers are not generally subject to detention. The situation is frightening, and the news we see is disheartening (which is exactly what the Administration intends), but I think we need to try to maintain a more balanced perspective. It is important to be prepared in case anything happens, but for most non-citizens, the likelihood of a problem is quite low. Take care, Jason
For offering a new logistic perspective.
Hello Jason, I am an asylee from one of the banned countries for asylum. I submitted my asylum case today online. Within minutes of submitting online, I received a receipt notice, stating: “Having a pending asylum application with USCIS does not preclude the Department of Homeland Security (DHS) from placing you into removal proceedings.” Not sure if this a new development? They are basically saying that having a pending asylum case, in and of itself, is not protection against deportation. They are also going to send me the biometric appointment soon. They are moving quickly. At the moment, I am on TPS, which is ending soon. Once TPS ends, I will be out of status and I will have a pending asylum status. But it said that having a pending asylum status doesn’t preclude DHS from placing me into removal proceedings. What has changed in asylum? They are processing the submissions; but they are not issuing decisions, is that what it is? In their December 4th memo, they said they would take 90 days to reassess their policies; when do we expect them to be up and running again?
I am not sure whether that statement is new, but it has always been true that a pending asylum case does not preclude a person from being sent to Immigration Court. Normally, though, the asylum office processes a case that was filed affirmatively. There are exceptions, usually where the person committed a crime or sometimes when they entered the US at the border without a visa, but for the most part, such cases are adjudicated by the asylum office. In terms of processing, most new cases are interviewed quickly, so make sure you are ready to go, in case you get an interview soon. For the decisions, they are all on hold for now. When the hold will be lifted, and whether it will be lifted for some countries before others, we do not know. The asylum officers I spoke with seem to think it will be lifted in the next couple months, but they do not know for sure. Take care, Jason
Great, thanks for your useful note. One more question: Once my TPS ends, once I am on a “pending asylum,” do you think it is safe to travel locally? Or if I travelled locally, I might be detained since a “pending asylum” doesn’t preclude the power-that-be from placing me in removal proceedings. I asked two immigration attorneys, both of whom advised for caution, saying that I should avoid airports at all costs. In your experience, in the past, do “pending asylum” folks get detained in airports? And have you heard of any new cases where they have been detained?
I have not heard about pending asylees getting detained on domestic travel. The only person I heard about who was detained in that way was a student who had a prior deportation order. Things are constantly changing, and officers can be very aggressive, so I understand why lawyers would advise that people do not travel domestically, but I have not heard anything specific to make me think this is dangerous (again, except for people with prior deport orders or criminal issues, and maybe for people who entered the US without a visa). That said, I would keep my eye on the news to see if this changes. Also, if you travel, in addition to the normal ID documents needed, bring proof of your pending status, such as a copy of your receipt and (when you receive it) your work permit. Take care, Jason
I submitted an I-730 (Refugee/Asylee Relative Petition) about 5 months ago and have already received receipt notices for my beneficiaries. I’ve recently read that the U.S. has paused immigrant visa processing for certain countries, including Ethiopia.
I’m trying to understand how this might affect my I‑730 case. Specifically:
1. Does the current visa pause affect USCIS processing or approval of I‑730?
2. At what stage could the pause impact the beneficiaries’ ability to receive their visas and enter the U.S.?
3. Is there any estimate for how long this pause might last, or any ways to minimize delays?
Thanks
1 – It is not yet clear, but it seems like it probably does not. Hopefully, we will get some clarity about what is going on soon. 2 – For immigrant visas from the affected countries, the consulate can process the case up until decision, but then they will issue a letter stating the decision cannot be issued and the letter may include some basic explanation. The justification for this new ban is that people from the targeted countries are likely to use pubic benefits in the US, and so maybe if you can overcome that presumption, they will issue the visa. This is also unclear. 3 – We do not know this either. I think there is a general feeling that the pause will last until the State Department creates new rules related to the public charge requirements. How long that will be, we do not know, but hopefully not too long. Take care, Jason
I’d like to think that yesterday’s visa suspension will not affect I-730 beneficiaries. For one, they receive travel foils, which are technically not immigrant visas. More importantly, asylees — including those who follow to join — are statutorily exempt from the public charge provision. So there is no legal basis for suspending the issuance of travel foils for FTJ asylees from Ethiopia and the other countries covered by the suspension.
I think that is the general opinion of most immigration lawyers (and me too), but we will have to see how this new rule is actually implemented by the embassies and also whether it is challenged in court. Take care, Jason
Hi Jason,
I am stuck in a very weird situation. We have an interview in a week, I am the principle applicant, along with my son and daughter. We were having lots of conversation over our asylum case and its more of a DV case. My daughter was already traumatized after the whole incident. Its been 8 years and the flashbacks were coming back.
My daughter out of frustration and anxiety left the house, and moved out, saying that she will withdraw herself from asylum and wont comeback.
I dont know what to do, I dont want to risk my and my sons status due to her mistake? Can I attend the interview without her present. Please advice Jason
It is best for everyone to attend, as they could be sent to Immigration Court if they fail to attend, but the most important person is the principal applicant. I am guessing that the parent is the principal applicant and the daughter is a dependent? If so, whether the daughter attends the interview or not, the principal has to show that he or she faces persecution in the home country. They only look at whether the principal applicant qualifies for asylum. If your daughter faces harm and that will impact you, it may be possible for you to win asylum, depending on the situation. It would be worthwhile to talk with a lawyer to see how you can best present your case. Even though time is short, you should try to do your best to win the case. Take care, Jason
Dear Jason,
My asylum case (EWI) is currently pending in immigration court. The Master Calendar hearing has been scheduled for February 2026. Currently, I’m a victim of a crime (Stalking), and I would like to file a petition for a U-visa.
Is it safe to apply U-visa during this dangerous time?
Can you please explain the step-by-step process of the U-Visa application? Appreciate your help as always. Thank you very much.
I believe that stalking is a qualifying crime for a U visa, and so if the police are willing to assist, you can start the process. I do not know much about U visa cases, but I think they take a long time, and the Immigration Court may not be willing to hold your case while the U visa is processed. However, if the U visa is successful, you can then probably use that to hold the court case until a green card is available. I do not think there is any danger in applying for a U visa and maybe it will help. You may want to talk to a lawyer who does such visas, as you need to coordinate the U visa process with your court case and decide how best to proceed. Take care, Jason
Hi Jason, I am Afghan and have a pending affirmative asylum. I entered legally. I filed it through a lawyer. They only submitted i-589 form. No other documentation like passport, affidavit, supporting documents were included in the initial filing. When asked, they told me everything else will be submitted once the interview is scheduled. Now that the Afghan cases are under scrutiny and review, i wonder if having just the i-589 form on file would negatively impact the case. What do you advise? Thank you!
It would be safer to submit a copy of the passport as well. Also, if the I-589 does not explain why asylum is needed, you should submit an explanation (this does not have to be long, but at least you should give the basic reasons). The reason for these things is that the government sometimes tries to use sneaky ways to dismiss a case, and it is easier to do that if you did not include the passport or an explanation about why you need asylum (I doubt that would happen, but it is better to be as safe as possible). If you filed online, it is easy to submit additional documents, but if you filed by paper, you have to send documents by mail to the local asylum office, and it is very unlikely those will be matched with your file. You can try anyway, and keep a copy of what you send + the mailing receipt. All the other evidence can be submitted later, when they schedule the interview. Take care, Jason
Thanks, Jason! Do you advise that I send my passport copy if my visa is expiring in the next month? I worried that might flag my case and bring attention to expired status (even though i filed my asylum before the expiration and within one year of entrance). The i-589 included brief explanation and passport information, i-94, date and port of entry etc. Appreciate any advice you can provide. Thanks
I am not sure it is worthwhile, as it is unlikely to get matched to a paper case, and since the asylum is already pending, it is doubtful USCIS will take any action in the case. It sounds like the I-589 is in ok shape, and so that part is good. If you want to try mailing in a copy of the passport, I do not think that will cause harm, but I am not sure it will do much good either. Take care, Jason
Thanks, Jason! Do you advise that I send a copy of passport if my humanitarian parole visa (Afghan) is expiring soon? I worried it may flag my case and bring attention to the expired status (even i have for asylum within one year of entry and before visa expiration). The i-589 submitted includes brief reasons and information on passport, i-94, port and date of entry etc. Appreciate any advice you can share. Thank you!
Finally law sue got filled by 197 applicant against USCIS
https://www.courtlistener.com/docket/72071916/doe-v-trump/
Even if district court and 1st appeal court rule in favor of the plaintiff, I don’t think the Supreme Court will side with the plaintiff…
I am not sure whether such attempt will be successful
Watch this, for sure its going to win.
https://youtu.be/42jkdrlP_xk
Hi Jason, I read today that visa processing is being frozen for nationals of 75 countries, and unfortunately my country is included in the list. I have a pending asylum case, and my employer is filing an EB-2 petition for me.
From a legal perspective, how long do these pauses can last, and are there any ways for applicants to mitigate or overcome them?
Hello Jason,
What will happen to us who are waiting for their I 130 and then once I 130 gets approved, does that mean that until this pause is in effect, my partner will never get his F2A visa and won’t be able to move in US?
How long do you think this pause will be?
I do not know how long the pause will be, and I do expect legal challenges to it. If the I-130 is approved, you can start the consular processing. At this point, assuming your partner is from a “banned” country, the visa cannot be issued. However, the case can be processed and if the ban ends, then your partner should be able to come here. Unfortunately, there are definite answers to any of this, but in my opinion at least, the best approach is to continue the process and not wait for the ban to end, as that will further delay the case. In other words, once the I-130 is approved, start the consular process as soon as possible. Take care, Jason
I have the same question. Unfortunately, I think it may last long, and even if it opens up, that would imply excessive scrutiny and delays. Your thoughts, Jason?
I expect that if it ends, it will either be through a lawsuit or if we have a new president. Or maybe if we are lucky, our current leadership will declare victory and start moving the country back towards normalcy (dare to dream). Take care, Jason
I believe the new announcement is only for visa for people outside the US, so they may not affect you. We will have to see whether USCIS follows the State Department’s lead and blocks green cards for people inside the US. If so, I expect that will be challenged in court. You could challenge the rule yourself, but most likely, a non-profit organization will file a lawsuit. How that ends, we do not know, but all we can do is keep fighting. Take care, Jason
Happy New Year Jason,
I have an individual hearing by march and just heard from my attorney that my judge was fired 2 weeks ago in Newyork
My question is what do you advise
What am I to expect
It’s been 8 year long wait
I learned it’s automatic denial now
What is your take on this
Thank you
It is not an automatic denial and I think you have to do your best to present your case. Many judges seem to want to deny; maybe so they keep their job, I do not know. But many other judges are still doing their job in the normal way. I think you have to present the case as best you can, and if it is denied, you can appeal to the BIA and then if needed, to a federal court. But if you prepare the case as well as possible, it is certainly still possible to have the judge grant asylum. Take care, Jason
Jason – I helped an Afghan family resettle here during the Biden administration. They received asylum status in 2023 or 2024 and applied for their greencards in 2025 but have not yet received them. They are now of course living in absolute terror about what is going to happen. Unfortunately their pro bono counsel has not been able to give much guidance. Is there anything they can do other than wait and hope? Do you think it is worth hiring an immigration lawyer at this stage? Are there any good resources I could help identify to manage through this crisis? Many thanks, Sarah
Are pro Bono’s typically like this ?
This is not good news to asylum seekers with avg income…
It sounds like USCIS will be reviewing all the refugee arrivals from Biden’s term, including Afghans. It is unclear how this will work or who will do the review. I talked to a couple asylum officers today about it, and they did not know much. One thought USICS was asking for volunteers. The process has started in Minnesota (targeting mostly Somalis, it seems), and the officers I spoke with are in the DC area, so maybe that is what they were not involved, but we don’t know much yet. Also, it is not clear that people who received asylum will have their cases reviewed. I believe they will, but I have not seen an official announcement. Where USCIS will get the resources for all this, I have no idea. I think at this point, the main thing is that if they do not have a copy of their file, they should probably get that, so they will have it if their case is being reviewed. They can do a Freedom of Information Act at the court or the asylum office (there are links under Resources called FOIA EOIR and FOIA USCIS). Otherwise, I do not know what else to do. The GCs will obviously be on hold for now, but we do not know for how long. I do think most Afghans have very strong cases and it is not likely that they will lose status, but it certainly is frightening (purposefully so). Take care, Jason
Hi Jason,
You always mentioned that people can mail additional info or upload them to uscis portal if they feel like yes/no questions need to be explained when adjusting status. However, I was listening to podcast and someone discouraged people to do so especially mailing extra documents after submitting an application because you never known how this will be seen in this current context, they said its better to wait for the interview to submit additional documents to the officer or make correction if necessary. what do you think about that? If someone dont have access to upload additional documents can they wait until the interview? Is it a normal process for people to provide additional documents/ explanation at the interview?
I think it is ok to wait to the interview, but it is important that you give the officer the new evidence/corrections at the beginning of the interview, so you are telling the officer about the problem rather than waiting for the officer to ask/accuse you. I disagree that documents should not be sent or uploaded prior to the interview; I do not see any problem with that, except that mailed documents may not get matched with the file, and so it is important to bring a copy of anything you sent to USCIS with you to the interview. Take care, Jason